Dr. Atiku Aderonpe V. Alhaja Sobalaje Eleran & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Appellant, the Claimant at the trial High Court of Kwara State (Comm: J.E. Gbadeyan, J), spelt out in paragraph 23 of the Statement of Claim the following claims:

23. WHEREOF the Claimant claims against the Defendants jointly and severally as are as follows –
24. A Declaration that with the offer, and acceptance coupled with the payment of consideration in full he acquires title to and a vested right in (the) commercial plot 9 TPS/MISC.168 along Ajase-Ipo Road, Ilorin.
25. A Declaration that the 1st Defendant’s act of going unto (the) commercial plot 9 TPS/MISC.168 Ajase-Ipo Road, Ilorin in a manner adverse to the Claimants title and vested Right is illegal and in trespass.
26. General damages of N5m for the trespass committed by the 1st Defendant on the Claimant’s land aided by the 2nd and 3rd Defendants.
27. A Declaration is entitled to (the) Statutory Right of Occupancy over plot 9, TPS/MISC.168 along Ajase-Ipo Road, Ilorin.
28. Perpetual injunction restraining the Defendants by themselves, agents, servants and privies from committing further

1

acts of trespass on the Claimant’s land or going unto the land for any purpose whatever.

The 1st Defendant, against whom reliefs 1, 2, 3 & 5 in paragraph 23 of the Statement of Claim are pointedly directed, is a private citizen and a trader in Ilorin. She seemed to wield some political clout and influence. The 2nd Defendant, Governor of Kwara State, was the Chief Executive of the State Government. And the 3rd Defendant, a Commissioner incharge of the State’s Ministry of Lands and survey, was an appointee of the 2nd Defendant. The Claimant, like the 1st Defendant, is a citizen of Kwara State. He is a retired Director in Federal Civil Service.

The Appellant, herein called the “Claimant,” applied for a commercial plot on TPS/MlSC.168 along Ajase-lpo Road llorin. The approval was communicated to him through a letter, No:LAN/ARO/RES/28O45/Vo. 1/5 of 17th April, 2005. The letter was signed by one S. A. Abdul, Secretary of the Land Use and Allocation Committee (LUAC) for and on behalf of the 3rd Defendant. This letter Exhibit 1, is herein below reproduced, to wit:

<br< p=””

</br<

2

MINISTRY OF LANDS AND HOUSING

P.M.B 1425, ILORIN KWARA STATE

Ref. No. LAN/ARO/RES/28045/Vol. 1/5

Kwara State Land Use & Allocation Committee,

P.M.B. 1425,